euIRC Acceptable Usage Policy

Contents

euIRC AUP Acceptable Usage Policy

Introduction

This Acceptable Use Policy governs the use of computers and servers on the European Internet Relay Chat Network (further euIRC), including but not limited to, its chat forums, web pages, and e-mail services. As a user of these resources, you are responsible for reading and understanding this document. This document protects the users of the euIRC, computing hardware and networks, and system administrators.

Connection to the euIRC is a privilege, not a right. euIRC reserves the right to deny access to its network without advanced warning and without being under any obligation to provide a reason. Where a reason is provided, it is done so at the discretion of euIRC.

euIRC is an unmoderated forum made possible by the donations of its service providers and volunteer staff. By connecting to euIRC you accept that you are a guest on a private system. Your privilege of use is revokable at any time for any reason. Further you accept that you have no claim to any data maintained by euIRC that you have used.

euIRC does not control/monitor the content transmitted via its services and, as such, does not guarantee the accuracy, integrity or quality of such content. You understand that by using euIRC, you may be exposed to content that is offensive, indecent or Objectionable. Under no circumstances will euIRC be liable in any way for any content, including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted or otherwise made available via euIRC.

euIRC reserves the right to alter this AUP and any terms and conditions of service at any time without prior notice. However, a notice will be sent to the euirc@euirc.net mailing list at least 10 days in advance of such changes if possible. Notice is deemed given when sent.

The euIRC AUP is under constant review. We consider comments from our users and from experienced staff. We will change this document from time to time. You are subject to the AUP in effect at the time you use any euIRC resource/service, and to each revision of the AUP that becomes effective subsequently. This version of the euIRC AUP supersedes all earlier versions.

The formation, construction, and performance of the AUP will be construed in accordance with the laws of Germany. If any provision of the AUP is held invalid or unenforceable, the remainder of the AUP will nevertheless remain in full force and effect. If any provision is held invalid or unenforceable with respect to particular circumstances, it will nevertheless remain in full force and effect in all other circumstances.

Rights and Responsibilities

This network can provide access to resources locally, as well as the ability to communicate with other users worldwide. Such open access is a privilege and requires that individual users act responsibly. Users must respect the rights of other users, respect the integrity of the systems and related physical resources, and observe all relevant laws, regulations, and contractual obligations. Since electronic information is volatile and easily reproduced, users must exercise care in acknowledging and respecting the work of others through strict adherence to software licensing agreements and copyright laws. euIRC will openly and fully cooperate with any duly authorized law enforcement agency in their efforts to enforce their laws.

By using euIRC, you agree to indemnify and hold harmless euIRC, its resource providers, officers, operators, administrators, and other agents from any and all claims, costs, expenses, judgments, causes of action, attorney fees, litigation and court costs, resulting from the subscriber's use of euIRC services in any manner, whether directly or indirectly or by any act or omission.

You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations pertaining to (1) your use of any euIRC service, (2) the communications means by which you connect your terminal, personal computer or other device to euIRC services or to any service provided to and by euIRC, and (3) the local euIRC server you connect to as stated or referenced to in its Message of the Day (/motd).

Your rights herein granted cannot be transferred, assigned, shared, sold, or used by anyone other than yourself.

euIRC has the right to delete ALL data files, or other information that is stored in any database operated by an euIRC officer or under the auspices of euIRC once your nick/channel's registration has been terminated, by either you or euIRC.

No warranty is made by euIRC regarding any information, services or products provided through, in connection with, or located on the computer systems owned by, or operated under the auspices of, euIRC or any other services provided by euIRC. euIRC hereby expressly disclaims any and all warranties, including without limitation (i) any warranties as to the availability, accuracy, or content of information, products, or services; and, (ii) any warranties of merchantabilitiy or fitness for a particular purpose.

euIRC shall have no liability for damages caused or allegedly caused by any failure of performance, error, omission, interruption, electrical surge or damage or interference, deletion, defect, delay in operation or transmission, communication line failure.

No agent, officer, or representative of euIRC has any authority to bind euIRC to any affirmation, representation, or warranty concerning the services provided by euIRC.

You do not have any right to distribute euIRC, the name euIRC, or any service euIRC provides for commercial or private purposes without written permission of the bailees.

Enforcement

Minor infractions of this policy, when accidental, such as connecting multiple clients, or flooding, are generally resolved informally by a network operator and may result in temporary removal from the network (/kill) or dealt with through electronic mail or on-line discussion and education.

Repeated minor infractions or misconduct which is more serious may result in the temporary or permanent loss of network access privileges (k-line) or the modification of those privileges. More serious violations include, but are not limited to unauthorized use of nickserv/chanserv accounts, attempts to steal passwords or data, repeated harassment, or threatening behavior. In addition the offender's service provider will most likely be informed.

Violations aiming on euIRC or the services providet directly or violations regarding trademark and copyright will be prosecuted.

Harassment, as mentioned above, shall include, but is not limited to, the following:

[Note: Channels structured to facilitate harassment as detailed above are subject to closure.]

Upon receiving a "k-line", the user is on notice that they are no longer authorized to access euIRC's systems. Any attempt to circumvent the restriction will be considered trespass and subject to civil prosecution. The user is instructed to contact klines@euirc.net via e-mail to facilitate the removal of the restriction and to once again be authorized to use the system.

euIRC endeavors to allow all persons to be able to use its services in a free and unmoderated manner. However, euIRC will exercise its right to remove users at its own determination, when it feels that doing so benefits the community as a whole. There are times when accomplishing this requires restricting access to an entire ISP. euIRC will make every effort to work with the affected ISP to track down and restrict just the offending individual(s) and once again allow access to the ISP's normal userbase.

The failure of euIRC to exercise or enforce any right or provision of the AUP shall not constitute a waiver of such right or provision.

Conducts Violating this AUP

Definitions

An "account" with regard to any of euIRC's services (Nickserv, Chanserv, MemoServ etc) is the data within said services that is designated for a specific user based upon their selected nickname and/or channel. Access to an "account" is derived by appearing with a recognizable user address and/or supplying an appropriate password. Upon creating an account, the user assumes full responsibility for the confidentiality of your account/password. You are responsible for all uses of your account, whether or not actually or expressly authorized by you.

Knowingly or carelessly performing an act that will interfere with the normal operations of computers, servers, or processes on euIRC.

Knowingly or carelessly running any program that may damage or place excessive load on a server or the network. This includes, but is not limited to, mass-invites, mass-messages, and programs known as floodbots and clonebots.

Connecting an automated client (bot, fserv, etc..) to an euIRC server without prior authorization by that server's administration.

Using euIRC resources for commercial activity, such as advertising or selling a product, for the purpose of financial gain, without prior approval of the euIRC administration.

Forging the identity of a user or machine in an electronic communication.

Displaying obscene, lewd, or sexually harassing images or text on a public channel without the prior consent of that channel's operators.

Intentionally repeating or transmitting material in a rapid manner producing the affect of harassing a user by "flooding" them.

Attempting to monitor or tamper with another user's electronic communications, or reading, copying, changing, or deleting any part of another user's nickserv/chanserv/memoserv account without the explicit agreement of the owner.

Using a channel for the primary purpose of facilitating the transfer of files.

Using an open and/or unsecured gateway to connect to any service of euIRC. This includes, but is not limited to, open proxies, tor clients and other programs to mask the real IP-Address of the connecting system.